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HomeMy WebLinkAboutDA KU21.22-70 - 4465 US Highway 17 Settlement Agreement Return to:Clay County Utility Authority KU2 I/22-�7/ 0 3176 Old Jennings Road Middleburg,Florida 32068-3907 4465 US HIGHWAY 17, SUITES 1-5 Parcel Id No: 33-04-26-013131-000-00 SETTLEMENT AGREEMENT#3 Clay County FOR TOTAL SALON (Kingsley System) Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT("Modification Agreement"),made and entered into this S18 day of OARcN , 2022 by and between LOUIS L. HUNTLEY ENTERPRISES, INC., a Florida corporation, hereinafter referred to as "Developer", and CLAY COUNTY UTILITY AUTHORITY,an independent special district established under Chapter 94-491,Laws of Florida,Special Acts of 1994, hereinafter referred to as "Utility". WHEREAS, Developer owns or controls lands located in Clay County, Florida, and described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter "Property"); ca WHEREAS, this Agreement is for the purpose of modifying Developer Agreement KU05/06-37 (as a amended and modified by this Modification Agreement, this "Agreement"), for the project between Louis L. Huntley Enterprises,Inc.and Clay County Utility Authority,dated February 22,2006,recorded in Official Records Book 2693,pages 1046 through 1058, in order to assess the additional capacity charges for the new tenant,Total ° Salon,now occupying Suites 1-5 at 4465 US Highway 17,which exceeds the number of ERCs paid for in previous Developer Agreements. re NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements herein contained and assumed,Developer and Utility hereby covenant and agree as follows: 1. The foregoing statements are true and correct. 2. Connection Charges-In addition to the contribution of any wastewater collections systems and water distribution systems, where applicable, and further to induce Utility to provide water and wastewater service, Developer hereby agrees to pay to Utility the following fees and charges, as defined in the Rate Resolution (including Service Availability Policy),upon execution of this Agreement in order to reserve capacity in the System: (a) Potable Water Plant Capacity Charge: ($360.00 x 1.30208 ERCs) $ 468.75 * Alternative Water Supply Surcharge: ($365.74 x 1.30208 ERCs) $ 476.22 * SJWMD Black Creek Water Resource Charge: ($100.25 x 1.30208 ERCs) $ 130.53 * Wastewater Plant Capacity Charge: ($3,200.00 x 1.30208 ERCs) $ 4,166.66 * Environmental Impact Charge: ($410.00 x 1.30208 ERCs) $ 533.85 * Debt Service Charge: ($167.00 x 1.30208 ERCs) $ 217.45 * (b) Recording Fee $ 57.00 (c) Administrative Service Charge $ 100.00 Total $ 6,150.E ,/ * - Includes 3.94 ERCs for water and wastewater,based on a hair salon with 20 service chairs. Less the credit of 2.637928 water and wastewater ERCs paid for in the original Developer Agreement (KU05/06-37). -2- 3. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the benefit of Developer, Utility and their respective assigns and successors by merger, consolidation, conveyance or otherwise. Any assignment or transfer by Developer shall be subject to Utility approval which shall not be unreasonably withheld provided the assignee or transferee shall acknowledge in writing that it assumes the duties and responsibilities of Developer as set forth in this Agreement. 4. Notice - Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger,by mail or by electronic mail,and if to Developer, shall be mailed or delivered to Developer at: Louis L.Huntley Enterprises, Inc. Attn: Mr. Ward Huntley 1890 Kingsley Avenue, Suite 102 Orange Park, Florida 32073 and if to the Utility at: Clay County Utility Authority 3176 Old Jennings Road Middleburg, Florida 32068-3907 or such other address as specified in writing by either party to the other. 0 5. Developer shall maintain the existing reduced pressure backflow prevention device which shall be located immediately downstream of Utility's existing 3/4-inch potable water meter, which is proposed to service Developer's facilities and such installation shall be in compliance with the requirements of the Florida Department of Health and Rehabilitative Services and Utility. Developer shall provide to Utility for its permanent records the Make,Model,Size and Serial Number of said device. Furthermore, this device must be tested and recertified by a certified backflow preventer technician,annually or such other period as may be required by Utility. Proof of the annual testing and re-certifications must be submitted to Utility for its records. This installation and annual re-certifications shall be the responsibility of the Developer. Utility shall have access to proposed water meter, during normal business hours, for meter reading and maintenance purposes. 6. Developer shall install or have installed grit/sand trap interceptors (stainless steel sand screens)for each floor drain in the facility, in accordance with Utility's requirements for same. Developer shall also be responsible for the continued maintenance and cleaning of said grit/sand interceptors,and such interceptors shall be subject to periodic unannounced inspections by Utility. Developer's maintenance staff shall assist Utility personnel by removing the floor drain grates for this inspection of the grit/sand collectors. Developer shall install a"hair trap",acceptable to Utility,on the gravity wastewater service for Total Salon in suites 1-5, for the purpose of preventing hair from entering Utility's system. 7. Connection charges for this project were based on the service chairs added for Total Salon, operating as a hair salon, in accordance with Clay County Utility Authority's current Rate Resolution. A supplemental agreement will be prepared to assess any additional charges to either the tenant or the Property/project owner or Lessor, based on their mutual agreement on same, as the additional ERCs are determined for future tenants or Property/project owner or Lessor, which require greater water and wastewater flows.For each supplemental agreement prepared,a service charge of$100.00 will be assessed to prepare the agreement, in addition to the above stated connection charges. At a very minimum, Developer shall report to Utility fifteen(15)days prior to each space being occupied initially or in the future, so that the water and wastewater ERC impact can be determined.If the impact of such tenant is greater than that calculated herein, an additional supplemental agreement shall be prepared and the additional charges paid,prior to occupancy of such tenant. -3- 8. All of the conditions of the original Developer Agreement KU05/06-37 dated February 22, 2006, shall remain in full force and effect, except as modified herein. 9. This Agreement will need to be executed by Developer, the charges paid (shown on page 1 of Agreement),prior to October 1,2022, and the construction of the utilities shall be commenced prior to October 1, 2022,or this Agreement will be subject to any Service Availability charge increases currently approved,which may be applicable or which may be approved by Utility's Board of Supervisors for the next fiscal year beginning October 1,2022;and this Agreement is subject to any material cost increases which Utility may experience after October 1, 2022. IN WITNESS WHEREOF,Developer and Utility have executed or have caused this Agreement,with the named Exhibits attached,to be duly executed in several counterparts,each of which counterpart shall be considered an original executed copy of this Agreement. WITNESSES: DEVELOPER: LOUIS L. HUNTLEY EN I'ER RISES, INC. a Florid r fit corpo ation Witness: C - By: Print Name: �C)) C4O( Louis Ward Huntley, President to Witness: TYni Print Name: J \ Lkcoi (Corporate Seal) STATE OF F COUNTY OF c-i-P f The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization this $TH day of M ifc I— ,2022,by LOUIS WARD HUNTLEY,as PRESIDENT of LOUIS L. HUNTLEY ENTERPRISES, INC. a Florida profit corporation, who is personally known to me or who has produced , as identification. 01(Re Va/ Print Nang t\fl 11jo Oi U 1-\), Notary Public State of Florida at Large My Commission Expires: AMY L.VAUGHN Commission#GG 227022 7R Expires June 11,2022 f°p,!:p' Bonded Thru Troy Fain Insurance 800.385-7019 -4- WITNESSES: UTILITY: CLAY COUNTY UTI Y AUTHORITY gli Witness: I. 1� kcp 1 Nall By: _` i �'tt Print Name: Summer P. Berndt ;re ' ` �f'n on, P.E., M.B.A. =c ►fie Dire. or Witness. s--..rim •--- 1\_44$2... Print Name: ; , (Corporate Seal) �r � fVt. a..J:kJ�J STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of® physical presence or 0 online notarization,this I Li day of Mafl h , 2022, by JEREMY JOHNSTON, as EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is person , known to me. 110 Print6. ummer P. : �` , Notary Public SYdte of Florida Notary Public in and for the t0 .4 `; Summer P E Berndt My commission GG 950878 County and State Aforesaid aw/ Expires01/28/2024 My Commission Expires: 01 fa(0l0q 4465 US HIGHWAY 17, SUITES 1-5 SETTLEMENT AGREEMENT#3 FOR TOTAL SALON Parcel Id No: 33-04-26-013131-000-00 Clay County EXHIBIT "A" (PARCEL 11B") All of Lots 11 and 12,together with the North 60 feet of Lot 31 (Except the East 5 feet thereof),all in Block 3, Orange Park Acres, Clay County, Florida, according to Plat Book. 4, pages 69 and 70 of the Public Records of said County, LESS AND EXCEPT a portion of said Lot 11, being more particularly described as follows: A parcel of land situated in Lot 11,Block 3,Orange Park Acres,Clay County,Florida,according to Plat Book 4, pages 69 and 70 of the Public Records of said county, said parcel being more particularly described as follows: Begin at the southwest corner of said Lot 11;thence on the east line of U.S. Highway No 17 (State to Road No. 15),run North 02 degrees 51 minutes 10 seconds East, 149.00 feet; thence North 89 degrees 30 minutes 15 seconds East, 600.00 feet;thence South 00 degrees 29 minutes 45 seconds East, 148.75 feet to the south line of said Lot 11; thence on last said line, run South 89 degrees 30 minutes 15 seconds West, 608.70 feet to the Point of Beginning. :xma A.c�t/.➢..<bpn Ap:®avMWn F.k'.1kv.'vpn Aa..• new) Nt,L,10,11.4s1./alsolan eat Wp&d 3'YSII YJ4 MI �J N /\ [- I cl�. mac' E W 2k / I II it :;.: I II 91 I i , I 1 °_ o . PI , 0 En Li 1, I . I 11 lI • 1 r i ©©©©4 Total Salon �; © Suites 1-5 Ilir._ 4 r L loomm Ii I I 1 l _AL_ _ r , •I . Ts i ii.. ,I ,� ©©. $ ■ C-7 M� ��� -I 000C©©NI—101 orI O 1 t r--1 1 1 1 \ 0 id l: :: M II J I1del,:ii w . �I ri 'r L 1 i Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public information which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All information included in the drawing is general in nature and not site specific.Any cimensions or other information is approximate and needs to be field verified.CCUA does not offer any guarantees,certifications,or warranties,either expressed or implied,in regards to the accuracy of the information represented on these drawings.The drawing is not a survey and should not be construed in any manner as such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions which may be present in this&awing.All interested parties are strongly encouraged to engage a Professional Surveyor and Mapper licensed in the State of Florida to field verify all site,property,infrastructure,and utility information prior to any decisions or actions. II < } V in - - 1 - �,;‘ Co Title: \` Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road i Info: /�� Middleburg, Florida 32068-3907 Prepared by CCUA GIS Portal - Water Features 'a Phone(904)272-5999 ill■ Gravity Sewer Features � �t 3/15/2022,12:15:23 PM Forced Sewer Features Conservation.Commitment.Community /TYAUTNd 1 inch = 200 feet - Reclaimed Features